tag:www.robertslawteam.com,2013-03-21:/blog/17412018-12-18T13:43:57ZMovable Type Enterprisetag:www.robertslawteam.com,2018:/blog//1741.35525402018-12-18T13:44:57Z2018-12-18T13:43:57Z
North Carolina police officers may need to arrest people, but is jail or prison always the right path for offenders? It's not always, some believe. This is borne out by the statistics, which show that certain changes made in justice reform can significantly reduce prison populations and still improve public safety.

North Carolina's state legislators passed the Justice Reinvestment Act in 2011. This modernized many of the correctional practices and sentencing laws that had been used by the state in the past. By 2016, it was shown that crime rates had dropped by 10 percent in response to the simple changes. On top of that, the prison population had dropped around 10 percent, too. What's even more impressive is that those sent back to prison because of probation violations decreased by 65 percent.

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Why does reform make sense?

Reform makes sense because it's often a waste of money to send people to prison without the techniques needed to recover or heal. For example, if a person is committing drug crimes, money is better spent on addiction treatment and psychological care rather than a prison term. Why? It reduces the likelihood that the person will offend again.

Drug crimes are of particular importance when it comes to choosing the right path. Those who commit these crimes may be victims of the opioid epidemic. These people need help, not prison sentences. They often do better with counseling, treatment and recovery programs. This also helps people return to daily life with the skills needed to continue to give back and reduce crime rates locally.

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tag:www.robertslawteam.com,2018:/blog//1741.35512672018-12-17T17:11:56Z2018-12-17T17:38:53Z
There's a saying: "He who rises high, falls far." And for rapper Tekashi69, the fall looks to be very far indeed.

At only 22 years old, Daniel Hernandez (a.k.a. "Tekashi69" or "6ix9ine") had a brutal childhood followed by an explosive rise to fame - and repeated troubles with the law. His first brush with the criminal justice system as an adult came in 2015, when the then-19-year-old pled guilty to a sex offense involving a 13-year-old. He was placed on probation as part of the plea deal.

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Then last month, just before the release of his first full-length album, Hernandez was arrested along with several other individuals for their alleged involvement in the Nine Trey Gangsta street gang, a sect of the Bloods. Hernandez faces six federal felony counts for racketeering, illegal use of a firearm, armed robbery and conspiracy to commit murder.

The last count alleges that Hernandez ordered a hit on someone who disrespected the gang, resulting in a bystander getting shot. The charges stem from a years-long investigation by the NYPD, the Bureau of Alcohol, Tobacco and Firearms, and the Department of Homeland Security.

His prison stay could be permanent

If convicted, Hernandez faces a minimum of 32 years in prison. A life sentence is also on the table.

Sentencing is still a long way off, however. The rapper is currently in federal prison awaiting trial. He was denied bail, which means he faces nearly a year behind bars before trial, set for September 2019.

Federal prosecutors have obtained a protective order to prevent evidence from public disclosure, which means it's difficult to speculate on Hernandez's outlook. TMZ reports that prosecutors have photos showing Hernandez's involvement. The rapper's own social media posts - including a video of him ordering a hit as well as references to the gang - may also play a key role against him.

His defense attorney has hinted that Hernandez's alleged gang involvement was merely for show, part of a bad-boy image he strived to cultivate. Yet the attorney also acknowledged that Hernandez had close associations with gang members. One served as his manager, and others were on his security detail.

Meanwhile, Hernandez's debut album, Dummy Boy, hit No. 2 on the charts and remains in the top 10. It's likely a small consolation for a career cut short.

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tag:www.robertslawteam.com,2018:/blog//1741.35400792018-12-11T11:49:22Z2018-12-11T11:48:22Z
If you're accused of drug crimes, then you know it takes a strong defense to help you get through the case with the least amount of damage to your reputation and freedom. Sometimes, you can show your humanity in hopes of receiving a lighter sentence, especially if your situation involves a death.

Take, for example, the story of a dealer who took the time to warn a buyer that the drugs being sold were much stronger than normal. The Dec. 6 report stated that the buyer purchased heroin from a dealer. His mother, who discovered him dead in her home, also found a message sent to his Facebook account. The dealer stated that she was supposed to cut the heroin with another substance, but she didn't. She warned him that she thought it contained fentanyl.

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The unfortunate reality, in this case, is that the fentanyl led to an overdose that there was no recovering from. The young man, only 24, died of the lethal dose. Months later, the dealer faced charges for second-degree murder.

Authorities are beginning to charge dealers for murder when their buyers wind up dead from overdoses. In this case, the dealer doesn't think she should remain behind bars for life. Perhaps in agreement, the court allowed a plea deal. She'd face around 10 years in prison for involuntary manslaughter and drug distribution charges.

Drug charges are hard to deal with, but it's not impossible to obtain a good plea deal or support for your case. The right help makes a difference when you're accused of a crime.

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tag:www.robertslawteam.com,2018:/blog//1741.35354572018-12-06T17:31:26Z2018-12-06T17:44:23Z
One of the NFL's best running backs, Kareem Hunt, came under fire when TMZ released security camera footage of an assault. The video shows Hunt repeatedly shoving a woman, at one point to the floor, and kicking her. The Kansas City Chiefs released Hunt soon after the footage came out on November 30th, but the actual incident took place last February.

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At the time, the NFL investigated the incident but concluded that Hunt wasn't involved. The league reviewed police reports, the 911 call and police body-cams, but didn't interview Hunt or the victim. Neither the police nor the league obtained the footage. Questions have been raised about why the NFL didn't make more of an effort to secure it.

Why weren't charges filed?

Because the victim reportedly didn't suffer any injuries, the incident would likely have been charged as a misdemeanor assault. According to one source, the police referred the victim to city prosecutors, but she apparently took no further action. And the victim has since gone silent. Still, she does have 18 months to press charges.

Ray Rice flashback

The incident brings to mind the uproar over Ray Rice in 2014. Then, too, TMZ released security camera footage of Rice knocking out his fiancée with a punch to the head. Rice was indicted for felony assault, but the charges were eventually dropped.

More skeletons in the closet?

TMZ has also released a police report and video footage implicating Hunt in another assault. The incident took place in a Kansas City nightclub in early January. The victim was knocked out and suffered serious injuries, including a broken rib and broken nose. However, he apparently stopped cooperating with police, making it unlikely that charges will follow.

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tag:www.robertslawteam.com,2018:/blog//1741.35324312018-12-04T12:22:39Z2018-12-04T12:21:39Z
Hacking into a computer may be a federal crime, depending on how it's done and why. Hacking is often seen as a malicious action, but the reality is that it can be beneficial, too. A good hacker can use their talents to show companies where their security systems are malfunctioning or weak, for example.

Hacking doesn't require a lot of know-how. In reality, even logging into another person's accounts online is considered to be hacking. Keep in mind that any digital device has the potential to be hacked, whether that's good or bad.

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Did you know that it's legal to hack your own devices? You're able to do this to practice hacking skills and to modify your devices. You can also do so to modify code and distribute that code for the benefit of others who want to hack their own devices.

The limits in hacking begin when you impact others. If you decide to hack into another person's device, then you're breaking federal law. Federal laws against hacking make the penalties extremely harsh, even though the actions taken may not be significant. Federal law often penalizes hacking convictions with imprisonment. Computer fraud charges, which can include hacking, may come with penalties of up to 10 years in prison.

State laws for hacking may vary, but they also generally have hefty penalties as well. Hacking penalties range from six years to 334 years, depending on the type of crime that is committed. For any crime like this that you're accused of, the penalties are so varied that a good defense is a necessity.

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tag:www.robertslawteam.com,2018:/blog//1741.35290422018-11-30T16:22:23Z2018-11-30T16:21:23Z
Drunk driving is dangerous and opens up the possibility of a world of legal trouble if you get caught, so do yourself -- and others -- a favor this holiday season and commit to a plan that will keep you out of danger.

Here are some things that you need to keep in mind as you decide how to navigate all of that holiday-cheer-in-a-glass that's out at every party or family gathering this time of year:

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1. Those charts showing your limits are just a rough guide

There are tons of online charts that allow you to roughly calculate your blood alcohol concentration. Some of them are more complicated than others, taking into account such diverse things as your age, gender and weight before telling you the number of drinks that it's safe to consume.

However, no chart can really offer you solid advice about what's safe for you to drink before you drive. For one thing, the rate at which your body metabolizes alcohol is unique.

Another thing that can affect your ability to drive after drinking is your basic tolerance level to alcohol. Someone who drinks a few beers every day may not even feel a couple of drinks over dinner -- but you may be more than a little buzzed after a glass of wine if you seldom drink.

2. Those home breathalyzers may be kind of dicey

Bars started offering these devices in an effort to help patrons be more responsible, and they're cheap enough that anyone can buy a home Breathalyzer device these days.

However, the quality and reliability of most of them can be questionable at best -- especially if it has been sitting around uncalibrated since last year. (Do you even know how to calibrate the device you have properly?)

There's only one way to avoid a drunk driving charge for sure: Don't drink and drive. Get a cab, call Uber or make plans to stay at your host's house overnight if you're at a party instead.

If you do get charged with drunk driving this holiday season, don't take chances with your future. Our office can help protect your rights and make sure that you receive fair treatment under the law.

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tag:www.robertslawteam.com,2018:/blog//1741.35222382018-11-28T15:05:23Z2018-11-28T15:06:27ZWilmington, NC - We would like to extend our congratulations to attorney Frank Jones for his recent victory in the November election. Jones won the contested Superior Court judge seat in New Hanover County. ]]>
A native of Wilmington, Judge Jones is a respected colleague in the criminal defense field. He earned his J.D. from the University of North Carolina Chapel Hill. He went on to practice in state and federal courts for more than 30 years at the Wilmington law firm of Burney & Jones, where he focused on DUIs, expungements, DMV proceedings and other criminal matters.

Judge Jones has served as a leader in the community and an important force for change in the criminal defense landscape. Among his campaign priorities, Judge Jones is committed to alleviating the opioid crisis through community education and expanded treatment options. He has served on the board of the New Hanover County Drug Treatment Court and as former president of the New Hanover County Bar Association.

We are confident that Judge Jones' wealth of experience in the trenches of the courtroom will serve him well in his judgeship, and we look forward to working with him in this new capacity.

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tag:www.robertslawteam.com,2018:/blog//1741.35175142018-11-26T17:47:48Z2018-11-26T17:46:48Z
Drunk driving is a serious crime that occurs in Raleigh, North Carolina and all over the country. No matter how much people try to avoid it, they might wind up being pulled over by a police officer for suspicion of drunk driving. Many drunk driving arrests occur at drunk driving checkpoints, also known as DUI checkpoints. These checkpoints are utilized throughout the year but are most common around any major holiday.

When the officer initiates the traffic stop he or she will ask you to roll down your window and a conversation will ensue. The officer will be monitoring your speech, looking at your eyes, smelling the air of the vehicle and looking for open containers of alcohol all while talking with you about various things.

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Make sure you provide the officer with your driver's license, proof of auto insurance and the vehicle registration. If the officer believes that you are free of impairment, he or she will return your documents and instruct you to move along with your travels.

If the officer believes that you might be impaired you will be asked to exit the vehicle. The officer will then administer various field sobriety tests. These tests include reciting the alphabet in reverse, standing on one leg, walking a straight line without falling, walking and turning and monitoring your eyes as they follow a pen or the officer's finger.

Should you fail the field sobriety test, according to the discretion of the officer, you will be placed under arrest for drunk driving. You might then be issued a breathalyzer test to determine your blood alcohol content level. Later, at the police station, a blood test might be administered.

A DUI checkpoint is used by law enforcement to curb drunk driving by drivers of all ages and experience levels. If you are ever directed to pull into a checkpoint you must obey all instructions by the officer or else risk being arrested on the spot. If you are arrested, an attorney can best protect your rights.

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tag:www.robertslawteam.com,2018:/blog//1741.35175132018-11-26T17:43:14Z2018-11-26T17:42:14Z
The internet can be one of the most helpful technologies out there today. It can also invite you to take part in some unsavory activities. Sex crimes became more prevalent with the advent of the internet, and they continue to increase in occurrence today. Let's take a look at the various types of internet sex crimes in today's post.

Sexting is one of the most popular internet/technology crimes these days. Sexting most often happens using a mobile phone and text messages but it could also include sending sexually charged messages through instant messenger apps or social media accounts. This becomes a crime when it is done with a minor.

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Sextortion is a fairly new crime, but is unfortunately becoming more widespread because of the internet. This is when hackers use personal info and data to trick victims into sending nude pictures to them. The hacker might be able to pose as the victim's spouse or significant other by mimicking their social media account or phone number.

Sex trafficking has taken on whole new levels with the internet. Sex trafficking is not a new crime but much of it is now advertised over the internet. Ads posted online for people seeking sex with teenagers or other minors is considered a form of sex trafficking, which is illegal.

Internet sex crimes come with harsh penalties. Make sure you know the law and what to expect if charged with such a crime. You will want to fight the charges as much as possible in order to receive a reduced charge, reduced sentence or to have the charge dropped completely.

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tag:www.robertslawteam.com,2018:/blog//1741.35082582018-11-14T17:38:24Z2018-11-26T17:22:17Z
The former wide receiver's brief NFL career has long been overshadowed by the dark chapter that unfolded in Charlotte in November 1999. Rae Carruth's girlfriend, Cherica Adams (who, by his account, had only been a booty call) was 30 weeks pregnant with his baby. Carruth had asked her to get an abortion. She refused.

That night, he took Cherica out to a movie. On the way home, having driven separately, Carruth asked Cherica to follow him. He pulled off to the side of the road, she behind him, as another vehicle drove up and shot five times into her car. Four of the bullets hit her.

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Cherica's baby boy was born that night by emergency C-section. Miraculously, he survived, though with permanent brain damage and lifelong disabilities. Cherica died a month later.

Following a contentious trial, Carruth - who by then had been suspended from the NFL indefinitely - was convicted of conspiracy to murder Cherica, among other charges. He was sentenced to a minimum of 18 years in prison.

A few weeks ago, that 18-year-mark passed, and Carruth walked out of prison a (relatively) free man. He remains on supervised release for nine months in Pennsylvania.

His son, meanwhile, continues to thrive in the care of Cherica's mother, who raised him from birth. Now 19 years old, Chancellor has cerebral palsy as a result of his traumatic birth and will need full-time care for life.

Chancellor - and his grandmother's devotion to him - have remained the bright spot in this dark chapter of Panthers history.

What do you think? Was 18 years in prison enough? Or are you convinced that he didn't do it?

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tag:www.robertslawteam.com,2018:/blog//1741.35049162018-11-09T19:43:19Z2018-11-09T19:42:19Z
Even if police accuse you of possessing only a small amount of drugs, the allegations are serious, and you could face significant punishments if the allegations result in a conviction. For this reason, North Carolina residents will want to do everything they can to defend against a drug possession charge if they can establish a viable defense strategy.

The defense of unlawful search and seizure is a particularly powerful one when it applies to your circumstances. That's because, if a defendant can show that an unlawful search and seizure occurred, he or she might be able to get the possession charges dropped.

Unlawful search and seizure is a violation of the Fourth Amendment, which requires the police to have a viable reason to stop a suspect, and a viable reason to search the subject. Without such a reason, the results of an unlawful search and seizure cannot form a legal basis for conviction.

The drugs were the property of another individual:

Sometimes those accused of drug possession were simply in the wrong place at the wrong time. These individuals may have been accused of possessing drugs that belonged to someone else. This defense could work for certain defendants who can show in court that the drugs did not, in fact, belong to them.

If you're facing inappropriate drug possession charges -- even if it appears that the evidence is stacked against you -- you might find a way to navigate your criminal process in a way that reduces the severity and/or punishments of your charges.

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tag:www.robertslawteam.com,2018:/blog//1741.34967562018-11-02T17:22:39Z2018-11-05T15:02:42Z
A few years ago, "Making a Murderer" took Netflix by storm, probing the depths of reasonable doubt and shedding light on the limits of the criminal justice system.

The 10-episode documentary follows Steven Avery, a Wisconsin man who spent nearly two decades in prison for a wrongful conviction of rape and attempted murder.

In a story filled with twists and turns - and in perfect true-crime fashion - Avery got exonerated and released, only to be charged in a new murder case. The victim, Autotrader photographer Teresa Halbach, disappeared under mysterious circumstances after taking pictures of a van at Avery's salvage yard. Her burnt remains were eventually found on Avery's property. Avery's teenaged nephew, Brendan Dassey, confessed to helping his uncle murder her.

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Was there reasonable doubt?

Part 1 of the series explores big issues in criminal justice: prosecutorial misconduct, ineffective assistance of counsel, conflicts of interest, evidence tampering and coerced confessions. Although the show has been criticized as being one-sided, leaving out key details that were unfavorable to Avery, its aim was admirable. The first 10 episodes face head-on the question at the foundation of every criminal case: Is there reasonable doubt?

Spoiler alert (for part 1): The juries, however, didn't think so. Avery was convicted of first-degree murder and sentenced to life in prison without parole. Tried as an adult, 17-year-old Dassey was likewise found guilty and sentenced to life. But Dassey later retracted his confession, arguing that he was coerced. And both are still fighting to overturn their convictions.

Part 2 of the series, released in mid-October, follows these efforts.

The long road to (possible) exoneration

A key player this time around is Kathleen Zellner, Avery's rock-star defense lawyer who boasts an impressive record of overturning convictions. She uncovers new evidence, strategizes new grounds for challenging existing evidence and even points the finger at new possible suspects.

As is often the case, the postconviction process for both Avery and Dassey has been fraught with setbacks. Avery's request for a retrial based on newly discovered evidence was denied. Dassey came close to getting released after a federal district court judge ruled in his favor, but the Seventh Circuit Court of Appeals ultimately upheld his conviction, and the U.S. Supreme Court declined to review his case.

As Zellner notes, getting a conviction overturned is a marathon, not a sprint. And she appears to be in it for the long game.

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tag:www.robertslawteam.com,2018:/blog//1741.34957712018-11-02T00:56:02Z2018-11-02T00:55:02Z
A Breathalyzer device does not always render an accurate test result. In fact, the result will be particularly inaccurate if police fail to calibrate the Breathalyzer properly. For this reason, test results rendered by an inappropriately calibrated breath test devices are sometimes thrown out and cannot be used as evidence against a drunk driver during his or her criminal proceedings.

North Carolina DWI defense lawyers who understand the calibration standards that apply to Breathalyzers can use this knowledge to assist their clients and -- in some cases -- they can seek to have breath test results invalidated during trial proceedings. Here are the most basic calibration standards defendants should understand:

Police must maintain a list of acceptable breath test devices, and the Breathalyzer device used to test the defendant must appear on this list.

Police must adhere to a regular testing and maintenance program that applies to the breath device used to test the defendant.

The police officer who administered the breath test must have been appropriately certified to use the particular device that measured the defendant.

The police officer who administered the test must have administered it in a way that followed his or specific training received.

The officer who administered the breath test needs to make sure that the defendant did not burp or regurgitate during testing -- and did not smoke, vomit or eat -- for a specific amount of time before testing.

The breath test needs to take at least two readings that were within .02 percent of each other.

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If you suspect that the police did not adhere to the above or some other Breathalyzer test standard, you might want to look deeper into whether your breath test results were accurate. If you can call the accuracy of your breath test results into question, getting this evidence thrown out during your criminal trial could assist you in your DWI defense.]]>
tag:www.robertslawteam.com,2018:/blog//1741.34908132018-10-26T15:55:01Z2018-10-26T15:54:01Z
When a North Carolina resident is arrested for a crime, the matter could be tried in federal or state court depending on the circumstances surrounding the allegations. Although most criminal matters will be tried in state court, some will be subject to federal jurisdiction.

Here are five situations in which that could be the case:

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The case centers around a federal law: Federal courts will have jurisdiction when a case focuses on a matter of federal law. The issue might relate to a question of military law, constitutional law, a federal crime, securities laws, congressional laws and constitutional law.

There's a question about which state may have jurisdiction: When two people have a dispute -- and the matter relates to at least $75,000 -- it could be tried in federal court.

Issues relating to international treaties or diplomats: Legal matters that focus on international law or matters involving diplomats will be decided in U.S. federal court.

Lawsuits against federal agencies: When a public citizen feels as though he or she has been wronged by a federal agency, the harmed individual will need to pursue the matter in federal court.

Legal matters relating to seas, navigable bodies of water and the ocean: The U.S. federal government maintains jurisdiction over navigable bodies of water and the disputes that happen there.

Admiralty: Cases that involve navigable water bodies in and around the U.S., including the oceans, rivers and great lakes.

If you're concerned that your criminal matter will be tried in federal court, it's important that you work with a skilled criminal defense lawyer who is familiar with the nuances of Federal defense law.

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tag:www.robertslawteam.com,2018:/blog//1741.34857472018-10-23T16:08:06Z2018-10-23T16:17:59Z
Tommie Lee is no stranger to police. The 34-year-old mother of two and volatile star of Love & Hip Hop Atlanta has been arrested more than 30 times over the years. She's faced charges ranging from theft and disorderly conduct to forgery, battery and hijacking (of a bus, apparently). One of her daughters was even born in jail.

But now, the star has set a new record for herself: getting arrested not once, but twice within 24 hours.

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The initial arrest came after Lee allegedly slammed her daughter's head into a locker and pulled her hair at the child's Atlanta-area middle school. Charged with felony aggravated assault, first-degree child cruelty, battery and public-school disruption, she was booked and released on bail. A no-contact order was issued - standard procedure in these types of cases - directing Lee to avoid all contact (including phone calls) with her daughter.

Lee's aggressive, out-of-control behavior has been chronicled throughout her stint on Love & Hip Hop Atlanta. Both on camera and off, she has erupted into physical brawls with several of her costars, throwing punches and even attempting to run down a costar with her car. She was suspended at the end of last season after attacking producers and camera crew. Her struggles with alcoholism have created rifts with family members as well.

Lee's prior legal troubles might mean a heightened sentence. Currently held without bond, she's certainly giving her lawyers plenty of work to do on her behalf.